DATE: 20041020 DOCKET: C39533

COURT OF APPEAL FOR ONTARIO

RE:

LISA LAURICELLA and PAULA LAURICELLA (Plaintiffs/Respondents) v. CITY OF HAMILTON, in its capacity as successor of THE CORPORATION OF THE CITY OF HAMILTON and CITY OF HAMILTON, in its capacity as successor of THE REGIONAL MUNICIPALITY OF HAMILTON-WENTWORTH (Defendant/Appellant)

BEFORE:

DOHERTY, LASKIN and JURIANSZ JJ.A.

COUNSEL:

Gary J. Kuzyk

for the appellant

Ian Newcombe and Hugh Griffith-Jones

for the respondent

HEARD & ENDORSED:

October 19, 2004

On appeal from the judgment of Justice Lofchik of the Superior Court of Justice dated January 17, 2003.

APPEAL BOOK ENDORSEMENT

[1] We see no legal error in the trial judge’s reasons. His findings of fact are amply supported by the evidence.

[2] The evidentiary rulings reveal no error in law.

[3] The “Sanderson” order was appropriate in the light of the correspondence between the parties.

[4] The costs ordered in favour of the plaintiffs reflect a full consideration of the issues raised on the costs hearing. The trial judge reduced the claim substantially.

[5] The appeal is dismissed.

[6] Costs of the appeal for the respondents fixed at $25,000.00 “all in”.